Evidence-Wellborn SU2006 Outline

Stafford also contends that the trial court erred by

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Unformatted text preview: ted by invocation of the privilege. Texas differs here: Abolishes the spousal privilege for ANY crime against a minor child, rather than limiting this exception to a crime against a child or household member of one or both of the spouses. Two types of spousal privileges: Communication privileges Protects any confidential communications made during marriage. Testimonial privileges (Criminal cases) Not about communications, but about testimony about any observed facts by one spouse against the other, in a criminal case. Communication privilege in most jurisdictions applies identically to both civil and criminal cases. Testimonial privilege never applies in civil cases (no privilege in civil cases where one spouse is an adverse party against the other). TRAMMEL v. UNITED STATES [Spousal Privilege Adverse Testimony in a Criminal Case; Remember adverse testimony in a civil case is not coved by spousal privilege] Facts: Otis Trammel indicted for importing heroin into the U.S. Trammel's wife traveled to Thailand where she purchased a supply of heroin was cau...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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